Extrait de la décision citée par Spicy IP :
"We are of the view that it is for the applicant (Candico) to prove that if the mark is allowed to continue on the register it would affect their right. In fact it is seen that after a cease and desist notice was issued the applicants (Candico) have only initiated a suit against the first respondents (Perfetti). It is clear that the applicant was not facing any legal threat and so cannot be said to be an aggrieved person."